Statutes of Limitations in a Wrongful Death Lawsuit

Aug 28, 2017 @ 10:00 AM — by Rocky Walton

Judge’s gavelWhen a loved one passes, the family members that are left behind are devastated. Once the emotional shock, grief, and heartache begin to subside, loved ones will be left to deal with the logistical damages of the death. If family members relied on the loved one for income, insurance, childcare, or other support, their losses will be especially catastrophic. If that death was caused by the reckless or negligent actions of another, the death is considered to be a wrongful death. After a wrongful death, family members can file a lawsuit against the liable party to fight for compensation for losses, including emotional and financial damages.

Experienced attorney Roger “Rocky” Walton has helped clients file a lawsuit so they can collect the financial compensation they are due following the wrongful death of a loved one. The wrongful death statutes of limitations in the Arlington, TX area dictate that such a lawsuit must be filed in a certain amount of time, so those who have recently lost a loved one to wrongful death should act quickly to ensure their rights are protected.

Statutes of Limitations

A statute of limitations is a deadline for filing a lawsuit. Statutes of limitations vary from state to state and even differ based on what type of lawsuit is being filed. In Texas, the statute of limitations for a wrongful death suit is two years. In most cases, this is two years from the date of the accident or injury that ultimately resulted in death.

However, in some circumstances a loved one may be able to file a wrongful death beyond this limit, as long as it is within two years of the date of the death. The statute of limitations may also be extended for other unique situations. For instance, if the person responsible for the death leaves the state of Texas for a period of time, the deadline may be extended so that a lawsuit can still be filed after they return.

When to File a Lawsuit

After the catastrophic loss a loved one, it takes time to pick up the pieces and settle into a new sense of normalcy. It is important for loved ones to allow themselves the time to work through the grieving process, but it is also a good idea to work as quickly as possible to contact an attorney and begin the process of filing a wrongful death suit.

There are two primary benefits to filing a suit as soon as possible. The first is simply to assure that the statute of limitations does not pass before a case can be filed. The second is to make it easier to gather the evidence that will be necessary to build a strong case of liability in the wrongful death. As time goes on, evidence is likely to be destroyed and the recollection of any witnesses may fade. By acting promptly, loved ones can further strengthen their case.

Contact Us

If you have suffered the catastrophic loss of a loved one as a result of the reckless or negligent actions of another, experienced attorney Roger “Rocky” Walton is ready to fight for your family. Contact us at your earliest convenience to discuss the details of your case and learn more about the process of filing a wrongful death suit.

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